Monday, February 4, 2013

Why China cannot be trusted: Continuing violation of 2002 Declaration on the Conduct of Parties, List of incidents with China in West Philippine Sea, and China's continuing intimidation of Philippines and Vietnam


Photo from East Asia Forum
By Admininstrators 

04 February 2012
 

Why is China so belligerent, expressing extreme hostility and aggression towards Vietnam and the Philippines even after it vows to adhere to the 2002 Declaration of the Conduct of Parties in the South China Sea/West Philippine Sea?
 
As late as last week, China's foreign ministry spokesman Hong Lei declared that "China disagrees with moves that go against the concensus (reached before)." And of course, the concensus Hong was referring to was the 2002 DOC. 
 

Yet, if you examine closely, despite China's repeated vows that it would adhere to the provisions set out in the said 2002 Declaration, President Aquino's "administration has protested at least six incidents, including Reed Bank incident, involving alleged Chinese intrusion into waters within the Philippines 200 nautical miles exclusive economic zone."
 

NB: We have actually added a series of other "events" to that list that clearly indicate China's violations of the 2002 Declaration on the Conduct of Parties in the South China Sea.
 

It is clear that since the signing of that 2002 DOC, China has not only NOT observed the provisions of that DOC but has also stepped up their belligerence and overt hostile actions in the disputed South China Sea/Philippine Sea. 
 

Tran Truong Thuy wrote in his paper Recent Developments in the South China Sea: Implications for Regional Security and Cooperation:

This unpredictability in China’s policy on the South China Sea partly also reflects on the table of negotiation on the implementation of the DOC. At the fifth meetings of ASEAN-China JWG in Kunming, China in December 2010, China just came back to its previous position of bilateralism by proposing to delete the point 2 of the Guidelines and to consider that the Guidelines are guiding principles for implementing only the “agreed joint cooperation activities stated in the DOC”, not for implementing the Declaration at whole. China refused to agree on organizing ASEAN-China SOM on DOC implementation by arguing that the SOM can not be held until JWG reached a consensus on the Guidelinesstated in the DOC

China, in fact, continues to speak with a fork tongue to date -- saying one thing and doing another. Until November 2012 or following the July ASEAN Heads of States meeting in Cambodia, Chinese Chinese Foreign Ministry spokesman Hong Lei has kept humming the same tune, “The Chinese side is willing to work together with the ASEAN members to implement the Declaration on the Conduct of Parties in the South China Sea (DOC) comprehensively and effectively."
 

No sooner than Mr Hong announced the said assurance, China announced new rules that would allow its maritime police to intercept foreign ships in the South China Sea/West Philippine Sea which alarmed not only the Philippines but the rest of the world as well.
 

There is no other way to put it except that China is determined to have selective amnesia. It has been nitpicking, hair splitting, and misinterpreting the 2002 Declaration on the Conduct of Parties in the South China Sea which it co-signed with all the members of ASEAN that year.
 

But the most overt act of their hostility against the Philippines in clear violation of the 2002 DOC was their roping off of Scarborough Shoal in June 2012 after a stand-off* between the Philippine Navy and China surveillance ships.
 

Scarborough Shoal, which is well into the 200-nautical mile Exclusive Economic Zone of the Philippines as the shoal is located just a little more than 120 nautical miles off the coast of Zambales, has become off limits to Philippine fishermen who, for centuries, have fished in Scarborough waters and taken refuge in Scarborough Shoal. 
 

So, on 22 January 2012, Secretary of Foreign Affairs Albert del Rosario announced that PH was taking China to the UN for arbitration.
 

Yet on January 23, China's foreign ministry spokesman Hong Lei was urging the Philippines "to avoid taking any action that could complicate the issue" after Philippine Foreign Secretary Albert del Rosario said that the Philippine government had taken its South China Sea disputes to an Arbitral Tribunal under the United Nations Convention on the Law of the Sea (UNCLOS). 
 

As expected, on 31 January 2012, China's Foreign Ministry announced its opposition to the Philippines' request to take South China Sea disputes to a UN tribunal. Responding to a question at a news briefing, spokesman Hong Lei said, "China disagrees with moves that go against the consensus [reached before.]"

On 04 February 2012, in a show aimed at intimidating its neigbours specifically the Philippines, an ally of the United States, China launched maritime patrol and naval drills in the South China Sea/West Philippine Sea. 
Photos released by the official website of the Communist Party contained the following caption: "Recently two frigates of South Sea Fleet conduct drill and patrol in South China sea in order to meet the demand of future maritime battles." 
 

Thanks to the papers by Center for Strategic and International Studies, Recent Developments in the South China Sea: Implications for Regional Security and Cooperation by Tran Truong Thuy, and the article by Dr. Jingdong Yuan, University of Sydney, Australia for the International Security Research and Outreach Programme, International Security and Intelligence Bureau posted on Foreign Affairs and Trade Canada, we were able to compile details of events and incidents - which we have worked hard to list chronologically for easier reading, in the South China Sea/West Philippine Sea, events and incidents which seemed to have been triggered by China's increasing assertiveness and vehement brand of diplomacy.

Here they are as follows:

March 2011 -- On March 2, two Chinese patrol boats aggressively harassed the seismic survey vessel operating by Energy Forum company, which had been awarded a contract by the Philippine government to exploration of gas field located inside Reed Bank, an area 80 miles west of Palawan. 
May 2011 -- On May 26, 2011, other incident, in this time between China and Vietnam, took place in an area just about 80 miles off the south-central  coast of Vietnam, within Vietnam exclusive economic zone, when three Chinese patrol boats harassed a Vietnamese ship Binh Minh 02 exploring for oil in the South China Sea, damaging equipment and warning the ship that it was violating Chinese territory.  
June 2011 -- Other serious incident relating to report of the Philippine military in that a Chinese surveillance vessel and navy ships were seen unloading building materials and erecting posts in the vicinity of Iroquois Reef and Amy Douglas Bank – an uninhabited undersea hill claimed by the Philippines about 230 kilometers from southwestern Palawan province.
If report of Philippine military is correct, it is clear that China seriously violates the DOC 2002, in article 5 of which states that “The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.”75(Italic added) 
June 2011 - Similar incident occurred on June 9, 2011, when a Chinese fishing boat, with support from Chinese fishing patrol vessels, rammed the survey cables of the PetroVietnam ship Viking II, which was conducting a seismic survey in Block 136-03, an area within 200 miles exclusive economic zone of Vietnam and more than 622  miles from China’s Hainan island. 
Vietnam MOFA spokesperson Nguyen Phuong Nga said “these acts are tailored in a very systematic way by the Chinese side with the aim to turn undisputed areas into disputed areas”. 

The Viking II incident took place only four days after Chinese Defense Minister Liang Guanglie reassured neighbors at Sangri-la Dialogue in Singapore that China poses no threat. 


Below is a list of events and incidents involving China which were posted on Foreign Affairs and International Trade Canada website:

March 5, 2009 US and China PLA-Navy and Y-12 aircraft ‘shouldered’ the USS Impeccable. Shadowed and maneuvered by 5 Chinese ships.Chinese attempted to cause the Impeccable to collide. US and China both maintained rightfulness of their actions based on their different interpretations of the UN Convention on the Law of the Sea.US used the Freedom of Navigation program to challenge the territorial claims by China.

July, 2010 - US, China and other East Asian regional countries. Fishing incidents at sea/High-level meeting. Chinese vessel collided with Japanese.Beijing withheld shipments from Japan.US offered to facilitate talks between China and its neighbours. China refused, knowing that the US had new and old allies in the region 

March 2, 2011 Philippines and China Incident at sea - Philippines oil exploration vessel was sandwiched between 2 Chinese naval boats, intimidating them to drive it away from the area. Manila dispatched 2 warplanes and a bomber to deter the intruding Chinese gunboats.Lodged a strong diplomatic protest with Beijing over harassment but it was shrugged off 

May, 2011 - Philippines and China Major Incidents - Two Chinese fighter jets had flown over the Philippines territory in the Spratly IslandsControl over this is an issue of sea-lane control, the ability to interdict sea-lanes, and the potential for deep-sea resource mining. 

May, 2011 - Vietnam and China Vietnam protested China’s annual imposition of a fishing ban from May to August. 

May-June, 2011 - Philippines, Vietnam and China Incidents at Sea - 3 Chinese maritime security naval vessels disabled a cable trailing of a Vietnamese oil exploration ship.Forced the ship out of waters off Vietnam’s south-eastern coast.Similar incidents occurred in May near Vietnam, and in March near the Philippines.Chinese said that the Vietnamese survey ship was operating illegally in their territory; therefore their actions were completely justified 

June, 2011 - Vietnam and China Vietnam protested Chinese naval ships using weapons to threaten Vietnamese fishermen. 

June, 2011 - Philippines and China A Chinese patrol vessel reportedly fired at Philippines fishing vessels. 

June, 2011 - Philippines and China Foreign Secretary Alberto del Rosario’s visited the US.Philippines asked the US for leverage against China. 

June, 2011 - Philippines and China 11-day US-Philippines naval exercise near the South China Sea. President Aquino pledged to bring the South China Sea dispute before the UN International Tribunal on the Law of the Sea 

June 3, 2011 - Vietnam and China High-level Meeting - International Institute for Strategic Studies (IISS) Asian Security SummitFollowing the Vietnam-China incident in May, defence officials met in Singapore.Both parties agreed to abide by: UNCLOS (1982)Declaration on the Conduct of Parties in the East Sea (DOCSettling the matter through diplomacy 

June 13, 2011 - Vietnam and China Incidents at Sea - Live-fire naval exercises by Vietnam, after several incidents straining relations between Vietnam and China.

June 17, 2011 - China Major Military Exercise - Military drills near South China Sea, following live-firing naval exercises by Vietnam 

June 27, 2011 - US and China Meetings/Resolutions - The US Senate unanimously passed a resolution deploring the use of force by China in the South China Sea, calling for peaceful and multilateral resolutions. 

June, 2011 - Philippines and China Incidents at Sea - Chinese surveillance ship and 2 marine vessels unloaded building materials and buoys, and put up posts on the reefs claimed by Manila. Diplomatic flare-up between Beijing and Manila. 

July, 2011 - US and China Meetings/MMCA - Chairman of Joint Chiefs of Staff of both states met in Beijing.China criticised US' joint exercises with Vietnam and the Philippines.US maintained its support to its allies in the region. 

September 21-22, 2011 - US and China China announced severed obstacles to normal military-to-military exchanges between the 2 countries, following US arms sale to Taiwan. 

October, 2011 - Philippines-China Incidents at Sea - Philippines warship accidentally struck a Chinese fishing boat.Incident occurred amid joint US-Philippines marine drills/war games. The Philippines Navy apologised

November, 2011 US and China High-level Meeting - East-Asia Summit - President Obama and Premier Wen Jiabao held an unscheduled meeting on the sidelines. Discussed the South China Sea. 

November, 2011 - US and China  High-level Meeting - Defense Consultative Talks (DCT)China’s acceptance of US calls to put bilateral military relationship on a more reliable/continuous footing. US reiterated ensuring freedom of navigation. 

December, 2011 - US and China High-level Talks - 4t high-level dialogue between the Communist Party of China and the Republican and Democratic parties of the US 

December, 2011 - US and China Implementation of the Megaport Initiative to monitor for “nuclear and other radioactive materials in cargo containers” at Shanghai’s Yangshan Port. 

March, 2012 - US Major Military Exercise - Military drills, with the Philippines, near South China Sea have been confirmed for next month. 

March, 2012 - China Major Military Exercise - 11th detachment of Chinese navy’s anti-piracy operation carried out live fire training. 

April-June 2012 - China, the Philippines
Territorial Dispute - Over two-month standoff in the Scarborough Shoal
Diplomatic efforts have not led to the resolution of the issue, with escalation of rhetoric but restrained naval/maritime enforcement maneuvers 

June 2012 - China, Vietnam Territorial Dispute - Over Vietnam’s passage of its maritime law. Beijing reiterates its positions on “irrefutable sovereignty” over the Paracel and Spratly Islands 

July 2012 - ASEAN - ASEAN foreign ministers meeting in Phnom Penh, Cambodia. ASEAN meeting failed to issue communiqué due to disagreement on how to address the South China Sea territorial disputes

Oher recent events/incidents that we have compiled related to PH diputes with China:

On 29  November 2012, China declared that it would board and search ships which "illegally enterwhat China considers its territory in the disputed South China Sea according to a Reuters Report. 
On 22 January 2013, Secretary of Foreign Affairs Albert del Rosario announced that PH was taking China to the UN for arbitration 
On 31 January 2013China's Foreign Ministry announced its opposition to the Philippines' request to take South China Sea disputes to a UN tribunal.
On 04 February 2013, in a show aimed at intimidating its neigbours specifically the Philippines, an ally of the United States, China launched maritime patrol and naval drills in the South China Sea/West Philippine Sea.


On April 8, 2012, a Philippine Navy surveillance plane spotted eight Chinese fishing vessels docked at the waters of Scarborough shoal. BRP Gregorio del Pilar was sent on the same day by the Philippine Navy to survey the vicinity of the shoal, and confirmed the presence of the fishing vessels and their ongoing activities.  

On April 10, 2012BRP Gregorio del Pilar came to inspect the catch of the fishing vessels. The inspection team discovered illegally collected coralsgiant clams and live sharks inside the first vessel boarded by the team. BRP Gregorio del Pilar reported that they attempted to arrest the Chinese fishermen but were blocked by Chinese maritime surveillance ships, China Marine Surveillance 75 (Zhongguo Haijian 75) and China Marine Surveillance 84 (Zhongguo Haijian 84) . Since then, tensions continue between the two countries.
Former Marine Capt. Nicanor Faeldon, planned to lead a group of fishermen to the Scarborough shoal as a protest to assert the Philippines' claim over the shoal. Faeldon also considered planting a Philippine flag on the shoal.
On May 18, President Aquino, called Faeldon to dissuade him from pushing through his trip. According to Faeldon, even though his plan push through, his group does not intend to plant a flag, as opposed to earlier reports, or to fish in the area. Continued Chinese presence 

As of June 26, fishing vessels, together with paramilitary ships, are still in Scarborough shoal despite the Chinese fishing ban still effect.
By July 2012, China had erected a barrier to the entrance of the shoal, and that vessels belonging to Beijing's China Marine Surveillance and Fisheries Law Enforcement Command were observed nearby the disputed shoal 

As of September 2012, Chinese government ships remain around the shoal and have been turning away Filipino vessels] In response the Philippines is preparing to resend vessels to the shoal, in what has been described as a "cold standoff".

It is true that China today is the most powerful in the region in terms of economy and military arsenal but because of its increasing political and military assertiveness, its unparalleled show of force in the region to date, China has created an environment of instability and has heightened tension among members of the ASEAN, including Japan which has decided not to be intimidated and instead, increased its defence budget this year. The same is true for the Philippines which has decided to go on a defence shopping binge in a bid to show China that it cannot be intimidated, and rightly so.



China has failed to demonstrate that it has what it takes to aspire for the world leadership role that it so craves. Its unpredictability, its continuing show of bully tactics in the South China Sea/West Philippine Sea which are meant to make its neighbours cower in fear and, its self-serving interpretations of the 2002 Declaration on Conduct of Parties in the South China Sea when it suits it are some of the legitimate reasons why we cannot trust China.



The only way for China to even begin to alleviate the worries and the tension it has created in the region is to abide by the 2002 DOC without misinterpreting its provisions and to return Scarborough to the Philippines without fail. NO BUTS, NO IFS.

~~ Admin AdB

04 February 2012

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